K Authorization Certificate Transfer Process

The status of the Authorization Certificate due to the death of the real person

ARTICLE 21 - (1) In the event of the death of the real person who is the owner of the Authorization certificate/certificates issued in accordance with this Regulation, the activity of the Authorization certificate/certificates shall be suspended. The legal heirs of the Authorization certificate/certificates whose activity is discontinued are liable to the administrative/judicial sanctions which may arise from the use of this certificate/certificates.

(2) In respect of the Authorization certificate/certificates whose activity is discontinued according to the first paragraph; the deceased Authorization Certificate holder's legal heirs, upon the expiry of the validity period of the Authorization Certificate, shall apply to the Ministry in writing; the number of days between the Authorization Certificate validity date and the date of death shall be returned to the rightful owners of the current Authorization Certificate and the Authorization certificate/certificates shall be revoked, and the statutory heirs reimbursed within this framework shall not, in respect of this document, reimburse any claims under this Regulation. However, provided that the legal heirs, who wish to continue their activities under the Authorization certificate/certificates whose activity has been discontinued in accordance with the first paragraph and whose professional dignity has not been returned in accordance with this paragraph, shall apply to the Ministry in writing by the expiration date of the Authorization Certification.

a) Authorization Certificate is reissued on behalf of legal heirs.

b) The statutory heirs whose names are subject to the Authorization Certificate shall comply with the requirements of this Regulation within 2 years from the date of the issuance of the Authorization Certificate.

c) In the event that the Authorization Certificate period set out in this way has expired before the period of 2 years mentioned in this paragraph, such Authorization Certificate shall be renewed, irrespective of the other conditions except for the professional prestige condition and the remaining period of 2 years shall continue after the renewal.

(3) In the event that the conditions stipulated in paragraphs (b) or (c) of the second paragraph are not fulfilled, the Authorization Certificate shall be revoked.

Conditions that cannot be accepted as a transfer and demerger, merger and type change

ARTICLE 23 - (1) The following cases shall not be considered as the transfer of Authorization Certificate. According to this;

a) In real persons, upon the request of the Authorization Certificate holder; The Authorization Certificate may be issued on behalf of a natural person whose father or mother, spouse or children, or siblings. If the Authorization Certificate holder has exempts from the provisional articles of this Regulation; these exemptions shall not apply to the new Authorization Certificate holder. In order for the Authorization Certificate to be issued on behalf of the new owner, the conditions provided in this Regulation must be met.

b) In real persons, upon the request of the Authorization Certificate holder; Authorization Certificate issued on behalf of the real person may be issued on behalf of the said legal entity, provided that the realization of the Authorization Certificate is at least 25% of the legal entity registered in the trade registry. If the real person Authorization Certificate holder has exempts from the provisional articles of this Regulation; these exemptions shall not apply to the new Authorization Certificate holder. In order to be able to issue Authorization Certificate on behalf of the new legal entity, the requirements of this Regulation must be met.

(2) In the case of legal entities, demergers, mergers and type changes, the following rules shall apply:

a) In case a legal entity is demerged according to the Turkish Commercial Code dated 13/1/2011 and numbered 6102; Authorization Certificate issued on behalf of the legal entity may be issued on behalf of one of the newly emerging legal entities. For this purpose, the legal entities that arise as a result of the division are required to submit a notarized consent in favour of the legal entity in which Authorization Certificate will be held. If such legal entities have more than one jurisdiction, the above-mentioned provision shall apply separately to each Authorization Certificate. A regulation can also be made by the Ministry.

b) Authorized Certificate or Authorization Certificate is a legal entity in accordance with the Law no. According to this merger, the Authorization Certificate is rearranged on behalf of the merged entity.

c) In case a legal entity with a certificate of authorization changes type in accordance with Law No. 6102; The Authorization Certificate shall be issued on behalf of the newly emerging entity.

(3) For the procedures carried out/to be carried out in accordance with this article, the relevant Authorization certificate/certificates;

a) Removal of all warnings on it,

b) All conditions specified in this Regulation shall be met,

c) The activity is not stopped or cancelled according to this Regulation,

ç) Authorization Certificate is ninety days from the date of first submission.

(4) When issuing the Authorization Certificate according to this article, the time for the previous Authorization Certificate shall not be taken into account for the minimum capacity loss calculated according to the twenty-first paragraph of Article 14.